Executive Order 10 - State of Emergency - 3/13/2020

 

EXECUTIVE ORDER NO. 10

State of Emergency

WHEREAS, pursuant to Section 44.080, RSMo., St. Louis County is responsible for the performance of emergency management functions within its territorial limits and may conduct these functions outside of its territorial limits; and

WHEREAS, St. Louis County may, as a part of carrying out that responsibility, appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons; the safety of property; and direct and coordinate the development of disaster plans and programs; and

WHEREAS, St. Louis County may also, as a part of carrying out that responsibility, appoint, provide, or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units, or personnel; and

WHEREAS, St. Louis County may establish relationships and work cooperatively with other governmental units in matters relating to public health, safety, public welfare, and all other governmental functions in which the people of St. Louis County could gain through the cooperative relationships; and

WHEREAS, pursuant to Article III of the Charter and Section 703.070 SLCRO, in the event of imminent peril to lives and property in St. Louis County, among other things, the County Executive may declare that a state of emergency exists in St. Louis County and may exercise all emergency powers and authorities given to him under federal, state, or county laws, may exercise the power to enforce all rules and regulations relating to emergency management, and acting under the provisions of Chapter 44, RSMo., or, acting as an agent of the Governor, may take control of all means of transportation and supplies, and all facilities including buildings and plants, and exercise all powers necessary to assure the safety and protection of the civilian population; and

WHEREAS, pursuant to Article IV, Section 4.130 of the Charter, the Director of the Department of Public Health shall exercise those powers and perform those duties required by law to be performed as set forth therein, including to “see that laws and ordinances relating to public health are observed and enforced” and to “establish and maintain such activities and clinics as are needed to promote the public health of the county;” and

WHEREAS, pursuant to Article IV, Section 4.275 of the Charter, the Superintendent of the Police Department has the powers and may perform all the duties necessary with respect to preservation of order, prevention of crimes and misdemeanors, apprehension and arrest, conserving the peace, and other police and law enforcement functions;

WHEREAS, pursuant to the provisions of law cited above and 19 CSR 20-20.050(3), places of public or private assembly may be closed when necessary to protect the public health in concurrent authority with the Director of the Department of Public Health;

WHEREAS, there has been a confirmed case of COVID-19 in St. Louis County; and

WHEREAS the potential spread of COVID-19 poses an immediate and significant risk to the health, safety, and wellbeing of the people of St. Louis County;

NOW, THEREFORE, I, Sam Page, County Executive, St. Louis County, Missouri, do hereby DECLARE and ORDER the following:

  1. There is hereby declared a State of Emergency in St. Louis County.
  2. The Director of the Department of Public Health shall exercise all powers and duties necessary with respect to the protection and preservation of public health in St. Louis County, including seeing that laws and ordinances relating to public health are observed and enforced and she shall establish and maintain such activities and clinics as are needed to promote the public health of St. Louis County.
  3. The Superintendent of the Police Department shall exercise all powers and duties necessary with respect to preservation of order, prevention of crimes and misdemeanors, apprehension and arrest, conserving the peace, and other police and law enforcement functions.  If the Superintendent of the Police Department deems it necessary to direct other emergency management services, including but not limited to rescue and fire personnel, he may exercise that authority at his discretion.
  4. If the Director of the Department of Public Health or the Superintendent of the Police Department deems it necessary for the health, safety, or protection of the civilian population for St. Louis County to take control of any or all means of transportation, supplies, and facilities including buildings and plants, either of them shall notify the County Executive.
  5. If the Director of the Department of Public Health deems it necessary and appropriate for the health, safety, and protection of the people of St. Louis County, the Director shall, in accordance with federal, state, and county law require the provision of testing regardless of ability to pay.
  6. It is hereby declared unlawful for any person to organize or to attend an intentional gathering of 250 people or more in a single space or room.  It is further provided that any person who organizes a gathering of 249 people or less shall take appropriate action to minimize risk to the greatest extent possible by implementing and enforcing mitigation measures, including but not limited to social distancing, limiting the time period of gatherings, frequent cleaning of all surfaces, and posting of signs.  It is further declared unlawful for any person to organize or to attend an intentional gathering of more than 10 individuals of high-risk groups as that term may be defined by the Director of the Department of Public Health.   This paragraph shall not apply to school attendance, places of employment, grocery stores, retail stores, or any activity that a court of competent jurisdiction holds cannot constitutionally be closed in these specific circumstances.
  7. Employees of St. Louis County government are hereby ordered to immediately initiate the provision of low-touch, low-contact services to the greatest extent possible.
  8. The St. Louis County Municipal Courts shall postpone and reschedule all dockets, hearings, trials, and other proceedings during the State of Emergency.  The judges and the Deputy Administrator of the St. Louis County Municipal Courts shall undertake such actions as are necessary to recall warrants when appropriate and other actions that may be appropriate in these circumstances.
  9. The Director of the Department of Public Health may promulgate such mandatory or advisory rules, policies, and guidance as is necessary and appropriate to implement this Executive Order.  Mandatory rules and policies so promulgated shall have the force of law to the greatest extent permitted by federal, state, and county law. 
  10. This State of Emergency shall be effective at 5:00 P.M. on March 13, 2020 and shall expire only upon further order declaring that the emergency no longer exists.

SO ORDERED this thirteenth day of March 2020.